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Will American political asylum immigrants be sentenced after returning to China?
Whether political asylum seekers can return to China depends on three aspects.
First of all,
Before the application for political asylum is approved, the applicant shall not leave the United States. If you leave the United States, you will be regarded as automatically giving up your asylum application. In other words, don't leave without authorization while waiting for the trial. If there is something urgent, you can apply to the Immigration Bureau for so-called early parole, which is a travel document. However, if you return to your home country with your travel document, that is, the country where the applicant claims to be persecuting yourself, the Immigration Bureau will think that the applicant has voluntarily given up the application unless the applicant can give the Immigration Bureau a convincing reason. Therefore, it is best not to leave the United States while waiting for the political asylum hearing.
After obtaining political asylum,
Applicants have the right to apply for so-called refugee travel documents. With this document, applicants can freely enter and leave the United States and travel anywhere in the world. The only exception is that you can't go to your own country, where the applicant claims to be persecuted when applying for political asylum. If an applicant from Chinese mainland leaves the United States and returns to China with a refugee travel permit, when he enters the United States, immigration officials will think that the applicant is no longer afraid of persecution, so they will suggest canceling his asylum application and green card application. Even if there is no difficulty in entering the customs (some people will hide the fact of returning to China when entering the country), the immigration bureau will conduct strict examination when hearing their green card applications, and often transfer their green card applications to the local immigration bureau for interviews with local immigration officials. Some people think that returning to China through a third country can fool the Immigration Bureau, but the result of lying to the US government is even more serious. Not only will the green card not be approved, but it will even be refused entry forever.
Therefore, if you have political asylum status, you should generally not return to China while waiting for your green card (by the way, China people are not restricted to travel to Hong Kong with a refugee travel card, because the US government currently considers Hong Kong a democratic country/region). If you return to China, you should prepare materials in advance to explain the reason, place and time of returning to China. If you return to China for a short time because your immediate family member is ill and dies, and the number of times you return to China is small, the Immigration Bureau will not take any action. At most, applicants will be required to provide documents to explain, or explain in the interview. Legally, the Immigration Bureau will "assume" that asylum seekers who have returned to China will not be persecuted, so they can cancel their asylum applications. The applicant can "refute" this "hypothesis" and explain that even if he has returned to China, he will still be persecuted.
After getting the green card,
People who get green cards through political asylum, like other green card holders, can freely enter and leave the United States without any restrictions. Even if you go back to visit relatives or even go back to China for business and employment, you can return to the United States. Because from a legal point of view, these people have become permanent residents of the United States, and the so-called fear of persecution no longer exists. They should not be subject to any restrictions or encounter any difficulties when returning to the United States.
However, because the green card indicates the type of immigrants. For officials of the Immigration Office of the Immigration Bureau, they can easily identify whether a permanent resident has obtained a green card as political asylum. These officials have a low position in the Immigration Bureau, but they work in the front line with high enthusiasm and low level. There are verbal sarcasm and difficulties in sheltering green card holders. But in fact, they must not refuse to grant green card holders asylum in the United States.
Similarly, asylum green card holders can apply for citizenship if they meet the requirements. Even if you return to China many times after obtaining a green card, your application for naturalization can still be approved as long as it does not exceed the time stipulated by law (two and a half years in five years and no more than half a year each time you leave the United States).
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